Is there an appeal?

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • #22767
    petedavies
    Participant

    22 March 05 – OP decision made.
    28 April 05 – Letter including phrase “I would suggest that we resolve some of these issues before embarking formally on your appeals procedure”.
    09/11/05 – Revision in favour (part of OP made non-recoverable).
    30/11/05 – Appeal received.
    07/04/06 – Appeal closed by TS on applicant’s request.

    Claimant is now bombarding me with letters about his “other” appeal. I have explained that I do not accept that there is one and that since there are no provisions to reinstate a withdrawn appeal a new one should be made together with a request for an extension of time.
    Claimant has refused and continues the bombardment.
    I am pretty confident that the letter of 28/04 was not an appeal. Even if it was, the revision in favour would have ended it anyway.

    I know TS have to make the final decision & I am not sure how to deal.
    Best I can come up with is to put through both as OOJ.

    Anyone got a better idea?

    #9505
    aosulliv
    Participant

    Pete

    There is no appeal.

    If the original appeal was revised under Reg 17(2) then the appeal lapsed. A new appeal against the revised decision was then recvd ehich went to TS but was withdrawn, so there are no outstanding issues.

    Do an OOJ submission

    #9506
    JohnH
    Participant

    Hi Pete
    Your dilemma is one that comes up all to often. In dealing with appeals it is not uncommon for officers to fail to consider what it is they are dealing with. Is the letter a application in terms of hte D&A regulations or is it just a general enquiry.

    I find that the way forward is to examine each document and make a finding on what it is, a SOR, a revision request, report of COC or an appeal. Only once such a decision has been made can you decide on the appropriate way of dealing with it.

    Where there is ambiguity I make a decision on how I am going to treat the document though this is always done with an eye to ensuring that the correspondents appeal rights are respected.

    In the case you give I think you need to conduct the above analysis of all correspondence received and then issue a diffinitive statement of the current position. Tedious I know but at least you can respond to future queries by referring to your definitive answer and if that does not work you then advise them that the matter has been dealt with and will not be discussed further and give them the ombudsman address. While this might mean more work in the short term it will bring the matter to a close.

    Hope that helps and I am not trying to tell you how to such eggs!

    #9507
    petedavies
    Participant

    Hi folks!

    I have been through the identification process and I included a statement on the original sub that the letter of April letter had been treated as a request for a revision. The claimant made no comment regarding this at the time.

    My problem now is that he is stating that both the letters were appeals and just because one has been withdrawn, the other must still exist. 😡

    The November letter is no problem – it was an appeal, it was treated as such and then withdrawn.

    The April letter is more problematic, the result will be the same but I would rather not look a complete idiot…again.

    First, do I put the two through on the one sub and simply ask TS to adjudicate on whether or not there is an appeal to be considered (being indolent, my preferred option).

    Put them through on different subs:
    November: no probs
    April: I need to demonstrate that it was not an appeal but how?
    Even if it was, it would have lapsed but I do not want to give this guy a chink by appearing to accept the earlier letter was an appeal of any sort.

    There is an arguable case that I need do nothing (the matter has been referred to TS and disposed of) and there is no statutory authority for an authority to resubmit an appeal (or is there?). He would then have to progress the matter via JR?

    #9508
    JohnH
    Participant

    Hi Pete
    Assuming I have understood correctly the letter of April was the ‘other’ appeal. You say that you have treated this as a request for a revision and presumably this was the decision that was revised and subsequenlty appealed. Have I understood this right? If so then there is no appeal becuase the claimant has not raised a new matter. If he states that he has appealed simply refer it to TTS as not duly made beucase he is trying to appeal against a deicsion that has been revised in his favour.

    The only possible contention I can see is if his April letter raise two issues and only one of these was dealt with by the revision.

    #9509
    petedavies
    Participant

    Hi John,

    Yes, you have read correctly. It is his his assertion the April letter was an appeal that is causing problems – it clearly was not but the decision had not been revised in his favour at the time. Also, I have never been in a situation where this argument takes place on the back of a withdrawn appeal.

    After the benefit of a liquid lunch I’m going to put it through as not duly made together with the oodles of antecedent corries and let TS sort it out! 😈

    #9510
    JohnH
    Participant

    Good Luck Pete – Not that I think you should need it. Remember to let us know how you get on.

Viewing 7 posts - 1 through 7 (of 7 total)
  • You must be logged in to reply to this topic.